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QADIR BAKHSH vs State Ss — 2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation
2021 PCrLJ 1169 QUETTA-HIGH-COURT-BALOCHISTAN
Court
Balochistan High Court
Year
2021
Reporter
PCRLJ
Parties
QADIR BAKHSH vs State Ss
Subject matter
Criminal

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

QADIR BAKHSH VS State Ss. 302(b) & 34---Qatl-i-amd, common intention---Appreciation of evidence---Benefit of doubt---Recovery of weapon, casing, dead bodies and motor cycle were made on the disclosure of accused---Reliance---Scope---Accused was charged that he and co-accused committed murder of the son of the complainant and his friend by firing---Record showed that recovery of alleged crime weapon and casing was made on the pointation of accused after seven days of his arrest---Prosecution had made an attempt to prove that the recovery of alleged TT pistol .30 bore had been made voluntarily---Accused was arrested on 5th February, 2012, while on 12th February, 2012, the recovery of alleged crime weapon, casing and motorcycles of deceased was made---Record transpired that the prosecution discovered the dead bodies on 2nd February, 2012, but failed to recover the motorcycle of the deceased and alleged crime weapon from the place where the dead bodies were earlier recovered---Record of prosecution showed that the alleged recovery of crime weapon and casing were made on disclosure and pointation of the accused from an open place which was not in exclusive possession of the accused and everyone had access to the place of recovery---Conviction on the basis of such recovery was unsafe--- Appeal against conviction was allowed, in circumstances.

Other judgments reported in 2021 PCRLJ

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